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(영문) 광주지방법원 2016.10.06 2016고단956
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 61 million won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

1. On January 2015, the criminal defendant against the victim B made a false statement to the effect that the victim B was operated by the victim B in the victim B in the B, the end of January, 2015, “Acscopic card (a machine producing the scopic pattern) to the victim,” and that “Acopic card (a machine producing the scopic pattern) to be changed to KRW 6 million.” On March 2015, the criminal defendant made a false statement to the effect that “Acopic machine to be purchased by arranging four heavy scopic machinery in the same place.”

However, even if the defendant receives money from the victim, the defendant did not have the intent and ability to supply the support cards and heavy and straw machinery.

Nevertheless, the Defendant, by deceiving the victim, received each transfer of KRW 60 million from the victim on February 6, 2015, KRW 2200,000,000 from the victim on February 17, 2015, and KRW 2.6 million on February 24, 2015 to the post office account in the name of the Defendant (Account Number: E). On April 2, 2015, the Defendant received KRW 20,000,000 from the F’s corporate bank account (Account Number: G), and acquired the total of KRW 61,00,000,000 from the victim on June 3, 2015.

2. On July 2015, the Defendant’s fraud against the victim H was found as a J factory operated by the victim H, who was located in the Ha, Ha, Ha, Ha, Ha, the first Hannam Ha, and the said victim made a false statement to the effect that “The part used to make the math (the part used to make the math) would vary to KRW 11 million to be replaced by directly purchasing and replacing it.”

However, even if the defendant receives money from the victim, he/she did not have the intent and ability to replace it.

Nevertheless, on July 22, 2015, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the post office account (Account Number: E) in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the interrogation protocol of the prosecution B and H among the interrogation protocol of the accused;

1. Each police statement made to B and H;

1. Details of deposit transactions;

1. Copies of bills, receipts, and transfer certificates;

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